Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto City Council”

The Letter from Modesto Protesting SB-7 Inclusion of Maintenance In Prevailing Wage Programs

March 13,2013

English: Flag of Sacramento, California
The Honorable Darrell Steinberg
Senate President Pro Tem
State Capitol, Room 205
Sacramento, CA 95814

The Honorable Anthony Cannella
California State Senate
State Capitol, Room 3048
Sacramento, CA 95814

Re:   Opposition to SB 7 (Steinberg) Charter Cities: Unlawful Conditions on State Funding

Dear Senators Steinberg and Cannella,

The City of Modesto (Modesto) regrets to inform you of our opposition to SB 7 (Steinberg), which
would prohibit a charter city from receiving or using state funding or financial assistance for a
construction project if the city has a charter provision or ordinance that authorizes a contractor to
not comply with state prevailing wage requirements on local construction projects funded by (nonstate)
city funds.

We are very concerned that as drafted, the legislation will jeopardize the City’s ability to contract out
basic maintenance services of its parks, municipal buildings and municipal facilities. These
contracts include a multi-year maintenance agreement with a local non-profit organization that
employs developmentally disabled workers.

Modesto, like many other cities, has been forced to utilize competitively bid contracts for
maintenance of a number of city owned facilities for fiscal survival. Modesto currently has at least
14 competitively bid contracts worth over $4.7 million annually for maintenance of city owned
facilities. These include but are not limited to contracts for maintenance of parks, janitorial services
and golf course operations. The requirement to pay prevailing wages on these contracts will impact
Modesto’s general fund and thus affect the level of service Modesto is able to provide to its citizens.
This new requirement will also impact a number of maintenance contracts in our utility funds,
increasing costs for our rate payers.

This measure violates the fundamental principle of local control and the constitutional limits of state
authority over charter cities, as recently held by the Court in the Vista decision.1 This measure
conflicts with Vista by attempting, via the Legislature, to leverage a different outcome than the
Court’s ruling by withholding vital state construction funds, derived from all of the state’s taxpayers,
from charter cities that fail to adopt prevailing wage requirements for projects built with local funds.
Such a condition is unlawful because the state is seeking to leverage outcomes it lacks the legal
authority to compel.

Modesto is a charter city that has opted to not impose state prevailing wage requirements under our
charter for projects that are considered to be strictly of municipal concern. Modesto does require
the payment of prevailing wages on all projects that are not considered to be a municipal concern in
strict accordance with the Department of Labor and Industrial Relations’ interpretation. Modesto
has grave concerns that this legislative tactic will be used in the future to erode other local flexibility
that is important to our community. Thus, we oppose this measure due to its undercutting of local
charter authority. The state should respect the Court decision in Vista and stay out of the matter.
This measure would establish a disturbing framework for future state micromanaging of charter city
laws and policies by the tactic of withholding state funds as political leverage to attempt to force
changes to city charters and ordinances.

At a minimum the proposed legislation should be amended to eliminate its application to
maintenance contracts. While Modesto believes this bill is inherently flawed from a legal
perspective, excluding maintenance contracts would at least help avoid forcing affected cities to
choose between closing parks and keeping police officers on the street.
For these reasons, the City of Modesto opposes this legislation.
Sincerely,
GARRAD MARSH, Mayor

cc: Senator Ted Lieu, Chair, Senate Committee on Labor and lndustrial Relations
(Attn. Alma Perez @ Fax No. (9161-327-5703)
Gareth Elliott, Legislative Affairs Secretary, Office of Governor Jerry Brown

Public Record Requests Should Benefit From Judge’s Ruling

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

By Emerson Drake

It may not seem like a big deal to most people but Friday’s ruling by Superior Court Judge James P. Kleinberg should change the way Modesto responds to Public Record Requests (PRR) regarding emails and texts.  Several times in the past we’ve requested emails from Council members through the city only to have the request denied by Modesto City Attorney Susanna Acala Wood.  She used a unique measuring criteria when it comes to email.

Her responses in the past have been, unless a council member prints an email and uses it as a reference for information in a conversation with other council members then it doesn’t meet the threshold for a response to a PRR.  Modesto as a rule deletes emails in 30 days.  They say it’s because they need the space on their servers.  From the judge’s ruling it appears   Modesto will be arranging for larger servers.  Judge Kleinberg also ruled private text messages are obtainable by the public.  Hopefully Modesto will start saving the emails for longer periods of time and will stop disallowing access to them.

I should take this opportunity to say former Councilman Brad Hawn was always forthcoming with his emails when they were requested.  But he was the Lone Ranger on this issue.

KTVU TV  SAN JOSE, Calif. —

A Northern California judge has ruled that private text messages, emails and other electronic communications sent and received by San Jose officials about city affairs are public records.

The ruling Friday in Santa Clara County has the potential to settle a long-simmering legal debate in California over access to such records.

The state’s Public Record Acts and other laws require communications of elected officials and other public officials on public issues to be retained and turned over upon request.

Since the advent of email, activists and others in the state have been battling with officials at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.

San Jose Court Rules Text Messages, E-Mails, Electronic Communications Of Public Officials On Private Devices Deemed As ‘Public Records’

Public Workshop on the General Plan Amendment..Why Weren’t You There?

By Emerson Drake

The only way to prevent  “Government from just happening to us”  is to be a participant every step of the way.  It

English: Author: Carl Skaggs This image was ta...

isn’t easy for most of us, heck it isn’t even possible for some.  Life has many demands from work, family, and all that is entailed in keeping our heads above water.  We’re limited to trying to pay as much attention as we can to our communities and hope others will keep us informed.  In Stanislaus County and Modesto in particular,  politics has always been an insiders game. One thing to keep in mind considering the current topic is, the Planning Commission was chosen by the City Council not voted on by the people  and will be making the recommendations to the Council regarding the General Plan. Like I said, it’s an insiders game.

Politicians make the rules, not so much to benefit the people, but  more often to give them something to point to when the citizens suddenly become aware and wake-up and say, “hey, what’s going on”  and of course by then it’s too late.  They’ll say, “we did everything as required by law” but the damage is done and can’t be undone.  And of course they wrote the laws.

We were at the meeting Monday night at the Peterson Event Center.  Out of 203,000 who live in Modesto and another 20-30,000 who live around the city about 85 people showed up to hear what Modesto City Council wants to plan for our futures. Make no mistake and think the eventual outcome doesn’t matter,  because it does.  What ever the final form of this document is, it will be referred to for 20-50 years as guiding force for what comes next.  The areas which end up being marked for expansion will be planted with driveways.  Previously preserved farmland acres  which are covered by the Williamson Act will be undone.

Phrases like, “Modesto adopted a  a statement of overriding consideration for loss of prime farmland as being significant and unavoidable.”  This came out of the following LAFCO document which walks us through just one of the areas Modesto annexed in recent years, This particular one just goes back to May 15,1997 but the documentation as you will see goes back to Jan. 14, 1995 for the Contract-Land Conservation Act which in turn references the Land Conservation Act of 1965.

Modesto.Kiernan

Monday night showed a glimpse of the devious developer schemes to come.  We heard from Craig Lewis a developer and Prudential Real Estate Broker and he is also connected to six different companies.  Mr. Lewis was also at the Valley Vision workshop between the City Council and the City Planning Commission where he bemoaned the desire of the majority of the public to preserve prime farmland.  For those who haven’t gone through  the “developer experience”  you get to hear their mantra of “jobs, jobs, jobs.”  Don’t get me wrong we need jobs but the only one s taking home the big greenbacks will be developers and their friends. He read to us out of his guiding light book, a financial magazine.  He and his kind will (metaphorically speaking) attempt to wrap themselves in a flag in an attempt to make it seem to be your patriotic duty to forget farming and plant driveways. We heard him and his colleagues talk about developing the Dakota/Beckwith area, also know locally as the Emerald Triangle because of the ultra prime soil (rated 95 out of 100) which exists there.  They talked about how Dakota was being expanded to four lanes and made it sound like it was going to be tomorrow.  After talking with County staff, Matt Machido last night I can tell you NO money has been appropriated for Dakota Road expansion, none has even been applied for.

Likewise we noticed on City maps being used for the workshop Hammitt Rd. interchange with a completed tie in to Ladd Rd was shown. When I questioned Brent Sinclair about this he said he would ask Matt Machado at the County.  Not being one to wait for Modesto’s rendition I went straight to the horses mouth so to speak and asked Matt about it Tuesday night.  Again Matt said NO money has been requested or set aside for the interchange completion let alone the tie in.

While many people spoke that night among the notable were Reed Smith, Karla Von Hungen, and Donna Minighini.  Reed ask questions about the availability of water to service the ever enlarging expansion Modesto has in mind.  He pointed out the water supply is already inadequate and steadily diminishing.    Brent Sinclair had earlier promised replies to questions but remained silent preferring to ignore the question completely.  Several bordering on many in the audience requested a response but Brent just remained silent.  Ms. Von Hungen and Ms. Minighini commented on California’s  insistence on forcing counties and cities to designate a portion of their land for large numbers of future middle and low income housing as a requirement to receive state funds. They noted the county had designated large numbers of homes for the Salida footprint and pointed out how the county had violated home owner rights by designating condos to be built in Del Rio over the objections of the majority of the residents.

Here are two pdfs with maps showing the version adopted in 9/9/09 and the second the map proposed by staff on 2/14/13.

GPA-10-001 EXH GPLU Diagram Adopted 9-9-09

GPA-10-001 EXH GPLU Diagram Proposed 2-14-13

The following is a link to the city of Modesto website where these diagrams can be found.  I’ve requested the city to put a link on the front page but so far Mr. Sinclair and his staff are “too busy” to help keep the public informed. After all they held one of the three meetings  they are required by law to hold.

http://ci.modesto.ca.us/ced/projects/gp-amendment.asp

Here is what Modesto’s outside accountant (Moss Adams) said about Modesto Staff.  Take a bow Mr. Nyhoff. All of the credit is yours.

COM-Org-Study

It wasn’t pretty was it. This is what happens when you hire a City manager who refuses to put anything in writing for fear it will be discovered by a public information request as as such will be held accountable, and is more concerned about what the Chamber of Commerce thinks, than about what the Citizens of Modesto need.

There will be two more public workshops, Monday, April 15,2013 at 6:00 PM at the Davis High School “Little Theater” 1200 Rumble Rd. Park near the tennis courts at Davis Park.  The final workshop or opportunity for the public to speak their minds will be Monday, June 3, 2013 at 6:00 PM at the King-Kennedy Memorial Center 601 South Martin Luther King Drive-Mellis Park.

Here is a line straight out of their flyer:  Broad public participation will help ensure that the amended plan reflects the community’s preferences and values to “the maximum extent possible”.

An interesting  way to phrase it isn’t it.  After expanding into previously carefully guarded areas, ignoring some questions and refusing to answer others, I wonder just what “the maximum extent possible” really means.

What’s on America’s Mind Wednesday at 6:30 PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Topics include a conversation regarding Salida’s contaminated water and when did Modesto’s Mayor know, the upcoming TIN CUP change proposal for lowering the contribution limits, Riverbank’s election dilemma, The Cat Abuse ordinance gets finalized, these and more so tune in at 6:30 PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

www.EyeOnModesto.com  

Our live or archive link is http://www.blogtalkradio.com/centralvalleyhornet/2013/03/07/whats-on-americas-mind-with-emerson-drake

And our call in number is (347)215-9414

Live Callers are welcome, dead ones even more.:)

Modesto’s Tin Cup Ordinance Goes to Committee Monday at 5:00

By Emerson Drake

Last adjusted in 2005, Modesto’s  Time Is Now To Clean Up Politics or TIN CUP ordinance is being voted on for the second

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

time by Modesto’s Safety and Community Committee.  The last time the ordinance was changed the Modesto Chamber of Commerce was the petitioner.  They actually wanted to get rid of campaign limits altogether (no surprise) but a compromise was reached at the insistence of the Councilman Garrad Marsh(Marsh wanted to keep the limit at $1,000.  A donation can be made with a limit of $3,000 before a member of the city council including the Mayor, had to recuse themselves from voting on the contributor’s bill

We’ve been trying to get the TIN CUP total rolled back for several years and the requested

levels are a $1,000 contribution for council races and $2,000 for mayor with a 48 month window.  Since 2005 we instituted council districts, there by lowering campaign costs.  A council candidate has only one sixth of the city to “get the message out”  to.

In fact there is no limit,  and will be no  limit on how much anyone can donate. It just helps keep the old quid pro quo in check.  At least that’s the goal according to some, and levels the playing fields say others. It should come out of committee unscathed since it’s the wording agreed upon by the committee during their January  meeting.  The vote then was Councilmen Geer and Gunderson voting for and Councilman Lopez against.

Councilman Lopez like to say he believes someone running for Council should have the guts to ask for $3,000 yet he doesn’t. He asks for $2,999 so he can still vote for a donors project.

For the public there is NO downside to the change.  It helps to level the playing field between average citizens and deep pocketed special interest groups.

Here are the top ten contributors for the 2012 city elections.  Some of the totals would astound you, like the over $20,000 to Brad Hawn by Stephen Endsley over one year before the elections.

1  –  Dr. Steve Endsley
2  –  David Wright
3  –  George Petrulakis
4  –  Modesto Police Officers Association PAC**
5  –  City Signs
6  –  Modesto City Firefighters COPE (PAC)
7  –  Dr. Aruna Chopra including Chopra Development
8  –  Modesto Chamber of Commerce PAC (MOPAC)
9  –  Russ Newman including Newman Romano LLC
10 – Chris Tyler

After all what do a couple of City Unions, a developer under indictment, a developer not under indictment,  several lobbyists, a SCAP Director loving insurance salesman, a land use attorney,  and a Gallo In-Law have in common?

Could it be to make friends and influence people and their votes?    I heard a politician say, “Money doesn’t buy access to me or my vote.”  

My response is fine, then the limits won’t stop you from voting YES on lower TIN CUP limits.

Here is the pdf of the entire ordinance: 28221703032013111122796

Please don’t hesitate to call or email your Council representative and let them know how you feel.   Lets take the special interest money out of politics.

Tell them to Vote Yes for lower TIN CUP limits.

Modesto’s Animal Abuse Ordinance to Council on Tuesday 3/5/12

cat-yoga

cat-yoga (Photo credit: ilexxx)

By Emerson Drake

Modesto’s Cat Killers now have reason to fear as the Modesto City Council will be voting on an update to the municipal Code.  Section 5-4-405 will be added to Article 4 of Chapter 4 of Title 5 outlawing abandonment of animals including cats.  Seems like a mouthful but it should give cat killers like Phillip Sumner and Jeff Reed second thoughts keeping from enticing pets into their yards, trapping , and then abandoning them to die a probable death of starvation.

The new ordinance will require the cats to be turned into animal services for potential recovery by their owners. Exceptions are made in the ordinance for recognized groups who capture then spay and neuter the animals.  We brought this into the glare of the public eye after hearing the heartfelt pleas of owners of missing pets taken by these animal abusers. The original story can be found at:

Modesto’s Cat Killer…Phillip Sumner

Many thanks go out to Former Interim Police Chief Gene Ballentine and Captain Mike Harris.  The on the Council to support an ordinace and to speak up in support was Councilman Joe Muratore followed by Mayor Garrad Marsh, Councilmen Dave Geer and John Gunderson and Dave Lopez.  City Attorney Susanna Acala Wood was very supportive and helpful from the beginning.

While this ordinance can’t reverse past issues it will help going forward and I hope those grieving pet owners who first brought this to the publics attention back on October 23,2012 will be able to attend the meeting Tuesday night at 5:30.

The ordinance is under hearing in the Council Agenda Hearing Item #5 for Tuesday.  The Ordinance reads as follows :

ORDINANCE NO. _______-C.S.

AN ORDINANCE ADDING SECTION 5-4.405 TO ARTICLE 4

OF CHAPTER 4 OF TITLE 5 OF THE MODESTO MUNICIPAL

CODE RELATING TO DISPOSITION OF STRAY ANIMALS

The Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF CODE. Section 5-4.405 is hereby added to

Article 4 of Chapter 4 of Title 5 of the Modesto Municipal Code to read as follows:

5-4.405. DISPOSITION OF STRAY ANIMALS.

(a) It shall be unlawful and a misdemeanor offense for any person who

contains any stray animal (including cats) found at large or on their

property to abandon the animal.

For the purposes of this section only the following definitions shall apply:

(1) “Contains” shall mean traps, corners, confines or in some manner

restricts the animal’s freedom from continuing to roam.

(2) “Stray animal” means an animal that is running loose and at large

with no owner present, and/or an animal that is trespassing on

another’s property.

(3) “Abandons” means once the animal is contained, the person

transports the animal to a location other than where it was

originally contained and releases the animal to freely roam.

(b) Within twenty-four (24) hours after containing any such animal, the person

doing so shall do one of the following:

(1) Release the animal where it was originally contained or return the

animal to the owner, if the owner is known;

(2) Report to City of Modesto Animal Control officials the fact that

such animal is contained and include the location where the animal

is contained, a description of the animal and license number of

such animal, if any; or

-1-

(3) Transport the animal to the Stanislaus Animal Services Agency

facility and provide the date, time and location of when and where

the animal was located when surrendering the animal to facility

staff.

(c) Animal Control Officers shall pick up and dispose of such animal in the

same manner as though such animal had been found at large and

impounded.

(d) This section shall not be interpreted to apply to a person or organization

registered with the Stanislaus Animal Services Agency as a caretaker for

feral cats when that person is caring for feral cats.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in

full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 3. PUBLICATION. At least two (2) days prior to its final adoption,

copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in

the City; and a notice shall be published once in

The Modesto Bee, the official newspaper of the

City of Modesto, setting forth the title of this ordinance, the date of its introduction and the

places where this ordinance is posted.

“What’s on America’s Mind” Wed. at 6:30 PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Topics include Modesto’s Cover-up of the Contaminated well in Salida, last night’s Salida MAC meeting, a discussion regarding  “All Politics are Local,” MID Games,  the animal cruelty ordinance, LAFCO vs Salida vs Beard Industrial Park, this and more so tune in at ourNEW starting time Broadcast LIVE on 140.9 at 6:30 PM Wednesday and find out the things you really  need to know.

Our call in number is 1-347-215-9414

104.9 FM Modesto our Flag Ship station

Our blogtalk radio address: http://www.blogtalkradio.com/centralvalleyhornet/2013/02/28/whats-on-americas-mind-with-emerson-drake

To watch last night’s MAC Meeting http://vimeo.com/60657680

Salida MAC Meeting Tuesday the 26th at 7:00 PM at the Salida Library

Location in the state of California

Location in the state of California (Photo credit: Wikipedia)

Just a reminder to attend the Salida Municipal Advisory Council’s (Salida MAC) meeting tomorrow night at 7 pm at the Salida Library Community Room.  The topic will be the Salida Annexation and Goodwin Consulting Study.

Salida MAC’s online newsletter at:
http://salidamac.blogspot.com

“What’s on America’s Mind Wednesday at 7:00 PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Topics include Salida annexation and the sneaky SoB’s, does government just happen to people or is it government by ambush, the animal cruelty ordinance, MID, Valley Vision Stanislaus,and more so tune in at 7:00PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

http://www.EyeOnModesto.com 

http://www.blogtalkradio.com/centralvalleyhornet/2013/02/21/whats-on-americas-mind-with-emerson-drake

“What’s on America’s Mind” Wednesday at 7:00 PM

Radio RED 104.9 FM

Topics include a conversation regarding the Modesto Council meeting, another Modesto Economic Development  Committee meeting, MID the water hike and the hidden costs, the City County Liaison meeting,  LAFCO vs Salida vs Beard Industrial Tract,  these and more so tune in at 7:00PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

Live and in our archives at the following link.

http://www.blogtalkradio.com/centralvalleyhornet/2013/02/14/whats-on-americas-mind-with-emerson-drake

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